Criminal Finances Act 2017 (c. 22)

PART 1 U.K. Proceeds of crime

CHAPTER 4 U.K. Enforcement powers and related offences

Assault and obstruction offences U.K.

22 Search and seizure warrants: assault and obstruction offences E+W+N.I.

After section 356 of the Proceeds of Crime Act 2002 (and before the italic heading before section 357) insert—

“356A Certain offences in relation to execution of search and seizure warrants

(1) A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.

(2) A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5) An appropriate person is—

(a) a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation;

(b) a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation.

(6) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a) the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;

(b) the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.”

Commencement Information

I1 S. 22 in force at Royal Assent for specified purposes, see s. 58

I2 S. 22 in force at 31.1.2018 for specified purposes for E.W. by S.I. 2018/78, reg. 3(g)

I3 S. 22 in force at 28.6.2021 for specified purposes for E.W. by S.I. 2021/724, reg. 2(2)(a)

I4 S. 22 in force at 28.6.2021 for N.I. in so far as not already in force by S.I. 2021/724, reg. 2(1)(j)